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Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney
Loaded on Sept. 1, 2021
by Matthew Clarke
published in Prison Legal News
September, 2021, page 48
Filed under:
Corrections Corporation of America/CoreCivic,
Summary Judgment,
Speedy Trial Clock - Tolling of.
Location:
California.
by Matt Clarke
On May 28, 2021, the United States Court of Appeals for the Ninth Circuit held that Corrections Corporation of America (now known as CoreCivic) was not entitled to summary judgment in a lawsuit over a pretrial detainee held for 355 days in solitary confinement without …
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More from this issue:
- Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action, by Matthew Clarke
- Nominal Representation Without Actual Representation: One Person, No Vote, by Edward Lyon
- Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead., by Addy Baird
- California Female Prisoners Used as Honey Trap Bait for Rapist Guard, by Edward Lyon
- From the Editor, by Paul Wright
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, by Derek Gilna
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, by Derek Gilna
- Modest Decline in Prison and Jail Populations in Spring 2021, by Matthew Clarke
- FCC Takes Further Action on Prison and Jail Phone Rates, by Chuck Sharman
- Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, by David Reutter
- Federal BOP Overwhelmingly Denies Compassionate Releases During COVID, by Daniel A. Rosen
- HRDC Sues Florida DOC Over Censorship, for the Third Time in 18 Years, by Chuck Sharman
- Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV, by David Reutter
- Pandemic Medical Update: The Delta Surge, by Michael D. Cohen, MD
- These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them, by Beth Schwartzapfel
- Massachusetts Cop Indicted for Lying About Checking Cell of Prisoner Who Died of Drug Overdose
- New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida, by Kevin Bliss
- Florida Files Environmental Lawsuit Against Phosphate Company Pollution, by Panagioti Tsolkas
- HRDC Sues Illinois DOC Under FOIA, Again, for GTL Contract Details, by Chuck Sharman
- The Fight Over Cellphones in Prisons Rages On, by Derek Gilna
- San Diego Jail Approves Free Phone and Video Calls
- Lawsuit Over Alabama Private Mega-Prison Leases Dismissed, by Daniel A. Rosen
- Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, by Dale Chappell
- EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, by Dale Chappell
- $10 Million Settlement in Taser Death of Mentally Ill Man in South Carolina Jail, by David Reutter
- Criminal Justice System Encourages Racism According to MIT Study, by Kevin Bliss
- $750,000 Settlement in South Dakota Pretrial Detainee’s Overdose Death, by David Reutter
- US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility, by Douglas Ankney
- Florida’s Brutal Prison System Will Continue to Subsidize Rural Economies, With No Meaningful Reform in Sight, by David Reutter
- California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity, by Douglas Ankney
- US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA, by Matthew Clarke
- Report Shows COVID-19 Reduced Life Expectancy for Prisoners in Florida, Same Likely for Other States, by David Reutter
- Ohio Guard Added to Sex Offender List and Sent to Prison for Sex with Detainee
- $350,000 Settlement for New Mexico Pretrial Detainee in ‘Failure to Protect’ Claim, by David Reutter
- The Killing Fields: Three Alabama State Prisoners Murdered in Five Days, by Edward Lyon
- New Mexico Jail Sued For Allowing Woman Prisoner to Die of Infections, by Keith Sanders
- Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, by Kevin Dayton
- $2.1 Million Awarded in Beating Ordered by Kentucky Jail Guard
- Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney, by Matthew Clarke
- Lawsuit Filed Over Rodent Infestation at New Mexico Prison, by David Reutter
- Illinois Prison Guard Charged for Assaulting a Prisoner
- District Court Extends Armstrong Order to Five Additional California Prisons, by Derek Gilna, Douglas Ankney
- Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction, by Matthew Clarke
- The U.S. Department of Justice Creates Risk Assessment Tool to Help Determine Who is Eligible for Early Release Under First Step Act
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, by Matthew Clarke
- Two Albuquerque Jailers Indicted for Killing Prisoner, by Matthew Clarke
- Attorney Fees Awarded Against CoreCivic After Defamation Suit Dismissed, by David Reutter
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, by Dale Chappell
- Prisoner’s Suicide in Sherburne County Minnesota Jail Results in $2.3 Million Settlement, by Keith Sanders
- $30,001 Jury Verdict Over Discriminatory ICE Notification Policy By Minnesota Jail, by Kevin Bliss
- Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review, by Matthew Clarke
- News in Brief
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Report Highlights Repeated Overdoses at Florida County Jail, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Jail Misconduct, Drug Overdose.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- $75 Million CoreCivic Contract to Reopen Minnesota Private Prison Creates Resistance from Activists and Lawmakers, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Protests, Advocacy, State Legislation, Immigration Detention.
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Summary Judgment, Employee Litigation, Vagueness/Overbreadth.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Hawai’i Supreme Court Announces Totality-of-the-Circumstances Good-Cause Standard Governing State Motions to Continue Based on Witness Unavailability, Aug. 1, 2026. Motions To Suppress, Speedy Trial Clock - Tolling of, Periods of Delay, Excludable Time.
- Video Shows Guards Watched as Oklahoma Detainee Died in Cell, July 1, 2026. Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Failure to Protect (General), Failure to Protect (Wrongful Death).
- After Spoliation Sanction, CoreCivic Settles Suit Over Suicide in New Mexico ICE Lockup, July 1, 2026. Corrections Corporation of America/CoreCivic, Discovery, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides.

